As of March 2019, European Union (EU) citizens and their family members will be able to apply for settled or pre-settled status to continue residing in the United Kingdom after the December 31, 2020 deadline. EU citizens, and family members of EU citizens, must apply for settled status if:
- The individual resided in the UK continuously for five years.
- The individual resided in the UK prior to 31st December 2020.
- The individual who is a non-EU citizen is married to a British citizen.
After December 31, 2020, eligible individuals residing overseas will be able to join EU citizen family members residing in the UK with specific limitations: They must be a close family member (spouse, civil partner, unmarried partner, dependent child/ grandchild / parent / grandparent).
Additionally, the qualifying relationship must have commenced prior to December 31, 2020 and expected to continue after arrival in the UK. In general, if an individual has resided in the UK for less than five (5) years, they will be eligible to apply for pre-settled status. Only those with no prior criminal convictions, proof of identity, and residence in the UK will be eligible to apply for settled or pre-settled status. For citizens residing outside the EU to be eligible for either settled or pre-settled status, the individual must be in a relationship with the EU citizen as a spouse, civil partner, or unmarried partner with a residence card.
Irish citizens and individuals who have indefinite leave to enter or remain in the UK are exempted from applying for settled status. Individuals who have indefinite leave to reside in the UK may choose whether they wish to remain in the UK without applying for settled status or change their status.
We will provide an update as soon as it becomes available. If you have any questions, please feel free to contact an attorney at Graham Adair.